Citation in context
April 15, 2019 — Meeting Minutes
Cited passage
APPROVAL OF MINUTES
The minutes of the regular meeting of April 01, 2019 were presented for approval. RICHARD LINTZ – MOTION TO APPROVE
CRAIG OWENS – SECOND
MOTION UNANIMOUSLY APPROVED BY THE BOARD
2 OLD BUSINESS
8412 KINGSBURY BOULEVARD – ARCHITECTURAL REVIEW BOARD – ALTERATION/EXTERIOR RENOVATION
CHAIRMAN LICHTENFELD – WE HAVE A REQUEST FROM THE APPLICANT TO MOVE THIS ITEM TO THE NEXT AGENDA.
RICHARD LINTZ – MOTION TO MOVE THIS ITEM TO THE MAY 06, 2019 MEETING AT THE REQUEST OF THE APPLICANT
CAROLYN GAIDIS – SECOND
MOTION UNANIMOUSLY APPROVED BY THE BOARD.
15 NORTH CENTRAL – CONDITIONAL USE PERMIT – RESTAURANT CONDITIONAL USE PERMIT
City Planner Anna Krane summarizes the following staff report: “The subject property is located on the west side of North Central Avenue between Forsyth Boulevard and Maryland Avenue. The property has a zoning designation of HDC High Density Commercial. The restaurant space measures 4400 square feet and will have a maximum of 152 seats. The space has been vacant since the previous restaurant Wheelhouse closed in 2016. JP Fields currently operates across the street at 26 North Central Avenue in a building that was recently purchased as part of a larger potential development site. The owners of JP Fields are under contract to purchase the subject building and do not plan to substantially alter the existing business operation, other than occupying a larger restaurant space.
The restaurant will be open seven days a week from 10:30 a.m. until 1:30 a.m. The restaurant concept is the same as the existing restaurant, an upscale pub featuring food and beverage services. A liquor license will be required. Delivery service from the restaurant is not proposed.
The applicant is proposing deliveries to the restaurant will be made between 8:00 a.m. and 11:00 a.m. through the front door. Trash will be stored in dumpsters located in the rear of the building. The applicant does intend to participate in a recycling program.
Conditional uses are those types of uses that are considered to be desirable, necessary or convenient to the community but which by their nature can create additional traffic volume, parking demand beyond the development's capacity, and/or a detrimental impact on adjacent or neighboring properties due to noise, pollutants or other characteristics associated with that particular use. Restaurants are permitted in this zoning district subject to approval of a conditional use permit as per Article VII of this Chapter and the following criteria: 1) The proposed use is compatible with surrounding uses and with the surrounding neighborhood; >> The proposed restaurant is located along a pedestrian oriented block. The surrounding land uses include restaurants, retail and multi-family residential. The proposed use appears to be compatible with surrounding uses. 2) The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood;
CITY PLAN COMMISSION/ARCHITECTURAL REVIEW BOARD COUNCIL CHAMBERS – CITY HALL MONDAY, APRIL 15, 2019 1730 (05:30 PM)
CALL TO ORDER
The meeting was called to order by Chairman Steve Lichtenfeld at 1730.
ROLL CALL
Chairman Steve Lichtenfeld, City Manager Craig Owens, Aldermanic Representative Richard Lintz, Brian Maguire, Carolyn Gaidis answered roll call.
Absent: William Liebermann (arrived after Motion to approve minutes), Ron Reim
ALSO IN ATTENDANCE
Stephanie Karr, Acting City Attorney Anna Krane, AICP, Planner
CHAIRMAN REQUESTS
Chairman Lichtenfeld asked that all cell phones be turned off and that conversations take place outside the meeting room.
Chairman Lichtenfeld also asks that anyone who speaks please spell out their last name.
APPROVAL OF MINUTES
The minutes of the regular meeting of April 01, 2019 were presented for approval.
RICHARD LINTZ – MOTION TO APPROVE
CRAIG OWENS – SECOND
MOTION UNANIMOUSLY APPROVED BY THE BOARD
The surrounding land uses include restaurants, retail and multi-family residential. The proposed use appears to be compatible with surrounding uses. 2) The comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood;
3 >> The proposed size of the restaurant is 4,400 square feet and is larger than many other restaurant spaces along North Central Avenue; however, this is an existing space and building with a massing that is compatible with the surrounding neighborhood. 3) The proposed use will not adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings or due to the architecture of any proposed building being of such nature as to create visual disharmony within the neighborhood; >> No exterior alterations are being proposed at this time. The applicant has stated an intent to apply for exterior alterations in the future. 4) The proposed use will not adversely affect the neighborhood in terms of water runoff, noise transfer or heat generation due to significant amount of hard surfaced areas for buildings, sidewalk, drives, parking and service areas; >> At this time, staff does not anticipate adverse effects with respect to water runoff, noise transfer or heat generation. 5) The frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will not have a deleterious impact on the surrounding area; >> The applicant does intend to have an outdoor dining area. Outdoor dining for restaurants along North Central Avenue is common and encouraged to help establish the street life. The applicant will have to obtain an Outdoor Dining Permit prior to operation. Staff does not believe that operations associated with the proposed restaurant will have negative impacts on the surrounding area. 6) The proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature; >> The proposed use does not involve single-purpose structures or temporary components. 7) The proposed use complies with the standards of the Zoning Code and good planning practices; >> Staff is of the opinion that the use complies with the Zoning Code. 8) The landscape plan for premises to be occupied by the proposed use is adequate in regard to the creation and maintenance of landscaped areas and the use of buffers for screening of the use; >> The structure is built to the sidewalk along North Central Avenue and no landscaping is proposed as part of this project. 9) The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles and equipment; >> Existing site access is adequate and there are no proposed changes.
The applicant will have to obtain an Outdoor Dining Permit prior to operation. Staff does not believe that operations associated with the proposed restaurant will have negative impacts on the surrounding area. 6) The proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature; >> The proposed use does not involve single-purpose structures or temporary components. 7) The proposed use complies with the standards of the Zoning Code and good planning practices; >> Staff is of the opinion that the use complies with the Zoning Code. 8) The landscape plan for premises to be occupied by the proposed use is adequate in regard to the creation and maintenance of landscaped areas and the use of buffers for screening of the use; >> The structure is built to the sidewalk along North Central Avenue and no landscaping is proposed as part of this project. 9) The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles and equipment; >> Existing site access is adequate and there are no proposed changes.
4 >> Deliveries to the restaurant will be made using the front door. Staff is of the opinion that the delivery vehicles should use the parking area behind the building, located off of the east-west alley, for stopping to minimize traffic impacts along North Central Avenue. 10) The proposed use complies with the parking requirements as set forth in the Zoning Code and does not add parking demand that cannot adequately be handled by on-site off-street parking; >> Because the restaurant is greater than 3,000 square feet, off-street parking for patrons is required. The applicant is in the process of securing a parking agreement similar to the agreement used by the previous tenant Wheelhouse. Based on the size and seating capacity of the restaurant, 29 off-street parking spaces are required. The applicant shall provide proof of a parking agreement prior to obtaining an Occupancy Permit. 11) The number of transit movements on abutting streets and on minor streets in the neighborhood to be generated by or associated with the proposed use will not cause significant increases in hourly or daily traffic levels; >> The proposed use is not likely to affect transit movements. 12) The proposed use will not significantly increase demands on fire and Police protection services in excess of the individual demands of adjacent land uses and whether the proposed use will not present any real or potential fire or public safety hazard; >> Staff is of the opinion that there will not be a significant increase in demand for fire and police protection services. 13) Added noise levels generated by activities associated with the proposed use will not adversely impact the ambient noise level of the surrounding area and neighborhood; >> Outdoor dining on the street is popular and staff does not believe the proposed restaurant will adversely impact the ambient noise level of the surrounding area. 14) The activities associated with the proposed use will not generate obnoxious odors to the detriment of the surrounding area; >> Staff does not anticipate that the restaurant will generate obnoxious odors. 15) The intensity, duration or frequency of lighting associated with the proposed use will not adversely impact adjacent properties or significantly increase the ambient level of night light in the neighborhood; >> There is no additional exterior lighting proposed. 16) Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, to an acceptable level, such potentially adverse impacts. (Ord. No. 5814 §1(9.9), 4-27-04) >> At this time, there does not appear to be adverse impacts associated with the proposed use.